The Expressive Powers Of Law
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Author |
: Richard H. McAdams |
Publisher |
: Harvard University Press |
Total Pages |
: 335 |
Release |
: 2015-02-09 |
ISBN-10 |
: 9780674967205 |
ISBN-13 |
: 0674967208 |
Rating |
: 4/5 (05 Downloads) |
Synopsis The Expressive Powers of Law by : Richard H. McAdams
When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics
Author |
: Richard H. McAdams |
Publisher |
: Harvard University Press |
Total Pages |
: 335 |
Release |
: 2015-02-09 |
ISBN-10 |
: 9780674046924 |
ISBN-13 |
: 0674046927 |
Rating |
: 4/5 (24 Downloads) |
Synopsis The Expressive Powers of Law by : Richard H. McAdams
Why do people obey the law? Law deters crime by specifying sanctions, and because people internalize its authority. But Richard McAdams says law also generates compliance through its expressive power to coordinate behavior (traffic laws) and inform beliefs (smoking bans)—that is, simply by what it says rather than what it sanctions.
Author |
: Richard H. McAdams |
Publisher |
: Harvard University Press |
Total Pages |
: 0 |
Release |
: 2017-03-20 |
ISBN-10 |
: 0674975480 |
ISBN-13 |
: 9780674975484 |
Rating |
: 4/5 (80 Downloads) |
Synopsis The Expressive Powers of Law by : Richard H. McAdams
When asked why people obey the law, legal scholars usually give two answers. Law deters illicit activities by specifying sanctions, and it possesses legitimate authority in the eyes of society. Richard McAdams shifts the prism on this familiar question to offer another compelling explanation of how the law creates compliance: through its expressive power to coordinate our behavior and inform our beliefs. “McAdams’s account is useful, powerful, and—a rarity in legal theory—concrete...McAdams’s treatment reveals important insights into how rational agents reason and interact both with one another and with the law. The Expressive Powers of Law is a valuable contribution to our understanding of these interactions.” —Harvard Law Review “McAdams’s analysis widening the perspective of our understanding of why people comply with the law should be welcomed by those interested either in the nature of law, the function of law, or both...McAdams shows how law sometimes works by a power of suggestion. His varied examples are fascinating for their capacity both to demonstrate and to show the limits of law’s expressive power.” —Patrick McKinley Brennan, Review of Metaphysics
Author |
: Frederick Schauer |
Publisher |
: Harvard University Press |
Total Pages |
: 256 |
Release |
: 2015-02-10 |
ISBN-10 |
: 9780674368217 |
ISBN-13 |
: 0674368215 |
Rating |
: 4/5 (17 Downloads) |
Synopsis The Force of Law by : Frederick Schauer
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
Author |
: Lawrence M. Friedman |
Publisher |
: Harvard University Press |
Total Pages |
: 328 |
Release |
: 2016-09-19 |
ISBN-10 |
: 9780674971059 |
ISBN-13 |
: 0674971051 |
Rating |
: 4/5 (59 Downloads) |
Synopsis Impact by : Lawrence M. Friedman
Under what conditions are laws and rules effective? Lawrence M. Friedman gathers findings from many disciplines into one overarching analysis and lays the groundwork for a cohesive body of work in “impact studies.” He examines the importance of communication on the part of lawgivers and the nuances of motive among those subject to the law.
Author |
: Philip HAMBURGER |
Publisher |
: Harvard University Press |
Total Pages |
: 705 |
Release |
: 2009-06-30 |
ISBN-10 |
: 9780674038196 |
ISBN-13 |
: 0674038193 |
Rating |
: 4/5 (96 Downloads) |
Synopsis Law and Judicial Duty by : Philip HAMBURGER
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.
Author |
: E. Adamson Hoebel |
Publisher |
: Harvard University Press |
Total Pages |
: 372 |
Release |
: 2009-07 |
ISBN-10 |
: 0674038703 |
ISBN-13 |
: 9780674038707 |
Rating |
: 4/5 (03 Downloads) |
Synopsis The Law of Primitive Man by : E. Adamson Hoebel
This classic work in the anthropology of law offers ambitiously conceived analyses of the fundamental rights and duties treated as law among nonliterate peoples. The heart of the book is an analysis of the law of five societies: the Eskimo; the Ifugao; the Comanche, Kiowa, and Cheyenne tribes; the Trobriand Islanders; and the Ashanti.
Author |
: Mark Osiel |
Publisher |
: Harvard University Press |
Total Pages |
: 513 |
Release |
: 2019-02-25 |
ISBN-10 |
: 9780674368255 |
ISBN-13 |
: 0674368258 |
Rating |
: 4/5 (55 Downloads) |
Synopsis The Right to Do Wrong by : Mark Osiel
Common morality—in the form of shame, outrage, and stigma—has always been society’s first line of defense against ethical transgressions. Social mores crucially complement the law, Mark Osiel shows, sparing us from oppressive formal regulation. Much of what we could do, we shouldn’t—and we don’t. We have a free-speech right to be offensive, but we know we will face outrage in response. We may declare bankruptcy, but not without stigma. Moral norms constantly demand more of us than the law requires, sustaining promises we can legally break and preventing disrespectful behavior the law allows. Mark Osiel takes up this curious interplay between lenient law and restrictive morality, showing that law permits much wrongdoing because we assume that rights are paired with informal but enforceable duties. People will exercise their rights responsibly or else face social shaming. For the most part, this system has worked. Social order persists despite ample opportunity for reprehensible conduct, testifying to the decisive constraints common morality imposes on the way we exercise our legal prerogatives. The Right to Do Wrong collects vivid case studies and social scientific research to explore how resistance to the exercise of rights picks up where law leaves off and shapes the legal system in turn. Building on recent evidence that declining social trust leads to increasing reliance on law, Osiel contends that as social changes produce stronger assertions of individual rights, it becomes more difficult to depend on informal tempering of our unfettered freedoms. Social norms can be indefensible, Osiel recognizes. But the alternative—more repressive law—is often far worse. This empirically informed study leaves little doubt that robust forms of common morality persist and are essential to the vitality of liberal societies.
Author |
: Ronald Dworkin |
Publisher |
: OUP Oxford |
Total Pages |
: 438 |
Release |
: 1999 |
ISBN-10 |
: 9780198265573 |
ISBN-13 |
: 0198265573 |
Rating |
: 4/5 (73 Downloads) |
Synopsis Freedom's Law by : Ronald Dworkin
Dworkin's important book is a collection of essays which discuss almost all of the great constitutional issues of the last two decades, including abortion, euthanasia, capital punishment, homosexuality, pornography, and free speech. Dworkin offers a consistently liberal view of the Constitution and argues that fidelity to it and to law demands that judges make moral judgments. He proposes that we all interpret the abstract language of the Constitution by reference to moral principles about political decency and justice. His 'moral reading' therefore brings political morality into the heart of constitutional law. The various chapters of this book were first published separately; now drawn together they provide the reader with a rich, full-length treatment of Dworkin's general theory of law.
Author |
: Richard A. Posner |
Publisher |
: Harvard University Press |
Total Pages |
: 474 |
Release |
: 2004-03 |
ISBN-10 |
: 0674013603 |
ISBN-13 |
: 9780674013605 |
Rating |
: 4/5 (03 Downloads) |
Synopsis Frontiers of Legal Theory by : Richard A. Posner
The most exciting development in legal thinking since World War II has been the growth of interdisciplinary legal studies. Judge Richard Posner has been a leader in this movement, and his new book explores its rapidly expanding frontier.